103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2834 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act225 ILCS 107/12 new Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately. LRB103 26876 AWJ 53240 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2834 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act225 ILCS 107/12 new New Act 225 ILCS 107/12 new Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately. LRB103 26876 AWJ 53240 b LRB103 26876 AWJ 53240 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2834 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act225 ILCS 107/12 new New Act 225 ILCS 107/12 new New Act 225 ILCS 107/12 new Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately. LRB103 26876 AWJ 53240 b LRB103 26876 AWJ 53240 b LRB103 26876 AWJ 53240 b A BILL FOR HB2834LRB103 26876 AWJ 53240 b HB2834 LRB103 26876 AWJ 53240 b HB2834 LRB103 26876 AWJ 53240 b 1 AN ACT concerning government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Counseling Compact Act. 6 Section 5. Counseling Compact. The State of Illinois 7 enters into the Counseling Compact in substantially the 8 following form with all other states joining the Compact: 9 SECTION 1: PURPOSE 10 The purpose of this Compact is to facilitate interstate 11 practice of Licensed Professional Counselors with the goal of 12 improving public access to Professional Counseling services. 13 The practice of Professional Counseling occurs in the State 14 where the client is located at the time of the counseling 15 services. The Compact preserves the regulatory authority of 16 States to protect public health and safety through the current 17 system of State licensure. 18 This Compact is designed to achieve the following 19 objectives: 20 A. Increase public access to Professional Counseling 21 services by providing for the mutual recognition of other 22 Member State licenses; 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2834 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act225 ILCS 107/12 new New Act 225 ILCS 107/12 new New Act 225 ILCS 107/12 new Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately. LRB103 26876 AWJ 53240 b LRB103 26876 AWJ 53240 b LRB103 26876 AWJ 53240 b A BILL FOR New Act 225 ILCS 107/12 new LRB103 26876 AWJ 53240 b HB2834 LRB103 26876 AWJ 53240 b HB2834- 2 -LRB103 26876 AWJ 53240 b HB2834 - 2 - LRB103 26876 AWJ 53240 b HB2834 - 2 - LRB103 26876 AWJ 53240 b 1 B. Enhance the States' ability to protect the public's 2 health and safety; 3 C. Encourage the cooperation of Member States in 4 regulating multistate practice for Licensed Professional 5 Counselors; 6 D. Support spouses of relocating Active Duty Military 7 personnel; 8 E. Enhance the exchange of licensure, investigative, 9 and disciplinary information among Member States; 10 F. Allow for the use of Telehealth technology to 11 facilitate increased access to Professional Counseling 12 services; 13 G. Support the uniformity of Professional Counseling 14 licensure requirements throughout the States to promote 15 public safety and public health benefits; 16 H. Invest all Member States with the authority to hold 17 a Licensed Professional Counselor accountable for meeting 18 all State practice laws in the State in which the client is 19 located at the time care is rendered through the mutual 20 recognition of Member State licenses; 21 I. Eliminate the necessity for licenses in multiple 22 States; and 23 J. Provide opportunities for interstate practice by 24 Licensed Professional Counselors who meet uniform 25 licensure requirements. HB2834 - 2 - LRB103 26876 AWJ 53240 b HB2834- 3 -LRB103 26876 AWJ 53240 b HB2834 - 3 - LRB103 26876 AWJ 53240 b HB2834 - 3 - LRB103 26876 AWJ 53240 b 1 SECTION 2. DEFINITIONS 2 As used in this Compact, and except as otherwise provided, 3 the following definitions apply: 4 A. "Active Duty Military" means full-time duty status in 5 the active uniformed service of the United States, including 6 members of the National Guard and Reserve on active duty 7 orders pursuant to 10 U.S.C. Chapters 1209 and 1211. 8 B. "Adverse Action" means any administrative, civil, 9 equitable or criminal action permitted by a State's laws which 10 is imposed by a licensing board or other authority against a 11 Licensed Professional Counselor, including actions against an 12 individual's license or Privilege to Practice such as 13 revocation, suspension, probation, monitoring of the licensee, 14 limitation on the licensee's practice, or any other 15 Encumbrance on licensure affecting a Licensed Professional 16 Counselor's authorization to practice, including issuance of a 17 cease and desist action. 18 C. "Alternative Program" means a non-disciplinary 19 monitoring or practice remediation process approved by a 20 Professional Counseling Licensing Board to address Impaired 21 Practitioners. 22 D. "Continuing Competence/Education" means a requirement, 23 as a condition of license renewal, to provide evidence of 24 participation in, or completion of, educational and 25 professional activities relevant to practice or area of work. 26 E. "Counseling Compact Commission" or "Commission" means HB2834 - 3 - LRB103 26876 AWJ 53240 b HB2834- 4 -LRB103 26876 AWJ 53240 b HB2834 - 4 - LRB103 26876 AWJ 53240 b HB2834 - 4 - LRB103 26876 AWJ 53240 b 1 the national administrative body whose membership consists of 2 all States that have enacted the Compact. 3 F. "Current Significant Investigative Information" means: 4 1. Investigative Information that a Licensing Board, 5 after a preliminary inquiry that includes notification and 6 an opportunity for the Licensed Professional Counselor to 7 respond, if required by State law, has reason to believe 8 is not groundless and, if proved true, would indicate more 9 than a minor infraction; or 10 2. Investigative Information that indicates that the 11 Licensed Professional Counselor represents an immediate 12 threat to public health and safety regardless of whether 13 the Licensed Professional Counselor has been notified and 14 had an opportunity to respond. 15 G. "Data System" means a repository of information about 16 Licensees, including, but not limited to, continuing 17 education, examination, licensure, investigative, Privilege to 18 Practice and Adverse Action information. 19 H. "Encumbered License" means a license in which an 20 Adverse Action restricts the practice of licensed Professional 21 Counseling by the Licensee and said Adverse Action has been 22 reported to the National Practitioner Data Bank (NPDB). 23 I. "Encumbrance" means a revocation or suspension of, or 24 any limitation on, the full and unrestricted practice of 25 Licensed Professional Counseling by a Licensing Board. 26 J. "Executive Committee" means a group of directors HB2834 - 4 - LRB103 26876 AWJ 53240 b HB2834- 5 -LRB103 26876 AWJ 53240 b HB2834 - 5 - LRB103 26876 AWJ 53240 b HB2834 - 5 - LRB103 26876 AWJ 53240 b 1 elected or appointed to act on behalf of, and within the powers 2 granted to them by, the Commission. 3 K. "Home State" means the Member State that is the 4 Licensee's primary State of residence. 5 L. "Impaired Practitioner" means an individual who has a 6 condition(s) that may impair the individual's ability to 7 practice as a Licensed Professional Counselor without some 8 type of intervention and may include, but are not limited to, 9 alcohol and drug dependence, mental health impairment, and 10 neurological or physical impairments. 11 M. "Investigative Information" means information, records, 12 and documents received or generated by a Professional 13 Counseling Licensing Board pursuant to an investigation. 14 N. "Jurisprudence Requirement" if required by a Member 15 State, means the assessment of an individual's knowledge of 16 the laws and Rules governing the practice of Professional 17 Counseling in a State. 18 O. "Licensed Professional Counselor" means a counselor 19 licensed by a Member State, regardless of the title used by 20 that State, to independently assess, diagnose, and treat 21 behavioral health conditions. 22 P. "Licensee" means an individual who currently holds an 23 authorization from the State to practice as a Licensed 24 Professional Counselor. 25 Q. "Licensing Board" means the agency of a State, or 26 equivalent, that is responsible for the licensing and HB2834 - 5 - LRB103 26876 AWJ 53240 b HB2834- 6 -LRB103 26876 AWJ 53240 b HB2834 - 6 - LRB103 26876 AWJ 53240 b HB2834 - 6 - LRB103 26876 AWJ 53240 b 1 regulation of Licensed Professional Counselors. 2 R. "Member State" means a State that has enacted the 3 Compact. 4 S. "Privilege to Practice" means a legal authorization, 5 which is equivalent to a license, permitting the practice of 6 Professional Counseling in a Remote State. 7 T. "Professional Counseling" means the assessment, 8 diagnosis, and treatment of behavioral health conditions by a 9 Licensed Professional Counselor. 10 U. "Remote State" means a Member State other than the Home 11 State, where a Licensee is exercising or seeking to exercise 12 the Privilege to Practice. 13 V. "Rule" means a regulation promulgated by the Commission 14 that has the force of law. 15 W. "Single State License" means a Licensed Professional 16 Counselor license issued by a Member State that authorizes 17 practice only within the issuing State and does not include a 18 Privilege to Practice in any other Member State. 19 X. "State" means any state, commonwealth, district, or 20 territory of the United States of America that regulates the 21 practice of Professional Counseling. 22 Y. "Telehealth" means the application of telecommunication 23 technology to deliver Professional Counseling services 24 remotely to assess, diagnose, and treat behavioral health 25 conditions. 26 Z. "Unencumbered License" means a license that authorizes HB2834 - 6 - LRB103 26876 AWJ 53240 b HB2834- 7 -LRB103 26876 AWJ 53240 b HB2834 - 7 - LRB103 26876 AWJ 53240 b HB2834 - 7 - LRB103 26876 AWJ 53240 b 1 a Licensed Professional Counselor to engage in the full and 2 unrestricted practice of Professional Counseling. 3 SECTION 3. STATE PARTICIPATION IN THE COMPACT 4 A. To Participate in the Compact, a State must currently: 5 1. License and regulate Licensed Professional 6 Counselors; 7 2. Require Licensees to pass a nationally recognized 8 exam approved by the Commission; 9 3. Require Licensees to have a 60 semester-hour (or 90 10 quarter-hour) master's degree in counseling or 60 semester 11 hours (or 90 quarter hours) of graduate coursework 12 including the following topic areas: 13 a. Professional Counseling Orientation and Ethical 14 Practice; 15 b. Social and Cultural Diversity; 16 c. Human Growth and Development; 17 d. Career Development; 18 e. Counseling and Helping Relationships; 19 f. Group Counseling and Group Work; 20 g. Diagnosis and Treatment; 21 h. Assessment and Testing; 22 i. Research and Program Evaluation; and 23 j. Other areas as determined by the Commission. 24 4. Require Licensees to complete a supervised 25 postgraduate professional experience as defined by the HB2834 - 7 - LRB103 26876 AWJ 53240 b HB2834- 8 -LRB103 26876 AWJ 53240 b HB2834 - 8 - LRB103 26876 AWJ 53240 b HB2834 - 8 - LRB103 26876 AWJ 53240 b 1 Commission; 2 5. Have a mechanism in place for receiving and 3 investigating complaints about Licensees. 4 B. A Member State shall: 5 1. Participate fully in the Commission's Data System, 6 including using the Commission's unique identifier as 7 defined in Rules; 8 2. Notify the Commission, in compliance with the terms 9 of the Compact and Rules, of any Adverse Action or the 10 availability of Investigative Information regarding a 11 Licensee; 12 3. Implement or utilize procedures for considering the 13 criminal history records of applicants for an initial 14 Privilege to Practice. These procedures shall include the 15 submission of fingerprints or other biometric-based 16 information by applicants for the purpose of obtaining an 17 applicant's criminal history record information from the 18 Federal Bureau of Investigation and the agency responsible 19 for retaining that State's criminal records; 20 a. A Member State must fully implement a criminal 21 background check requirement, within a time frame 22 established by rule, by receiving the results of the 23 Federal Bureau of Investigation record search and 24 shall use the results in making licensure decisions. 25 b. Communication between a Member State, the 26 Commission and among Member States regarding the HB2834 - 8 - LRB103 26876 AWJ 53240 b HB2834- 9 -LRB103 26876 AWJ 53240 b HB2834 - 9 - LRB103 26876 AWJ 53240 b HB2834 - 9 - LRB103 26876 AWJ 53240 b 1 verification of eligibility for licensure through the 2 Compact shall not include any information received 3 from the Federal Bureau of Investigation relating to a 4 federal criminal records check performed by a Member 5 State under Public Law 92-544. 6 4. Comply with the Rules of the Commission; 7 5. Require an applicant to obtain or retain a license 8 in the Home State and meet the Home State's qualifications 9 for licensure or renewal of licensure, as well as all 10 other applicable State laws; 11 6. Grant the Privilege to Practice to a Licensee 12 holding a valid Unencumbered License in another Member 13 State in accordance with the terms of the Compact and 14 Rules; and 15 7. Provide for the attendance of the State's 16 commissioner to the Counseling Compact Commission 17 meetings. 18 C. Member States may charge a fee for granting the 19 Privilege to Practice. 20 D. Individuals not residing in a Member State shall 21 continue to be able to apply for a Member State's Single State 22 License as provided under the laws of each Member State. 23 However, the Single State License granted to these individuals 24 shall not be recognized as granting a Privilege to Practice 25 Professional Counseling in any other Member State. 26 E. Nothing in this Compact shall affect the requirements HB2834 - 9 - LRB103 26876 AWJ 53240 b HB2834- 10 -LRB103 26876 AWJ 53240 b HB2834 - 10 - LRB103 26876 AWJ 53240 b HB2834 - 10 - LRB103 26876 AWJ 53240 b 1 established by a Member State for the issuance of a Single 2 State License. 3 F. A license issued to a Licensed Professional Counselor 4 by a Home State to a resident in that State shall be recognized 5 by each Member State as authorizing a Licensed Professional 6 Counselor to practice Professional Counseling, under a 7 Privilege to Practice, in each Member State. 8 SECTION 4. PRIVILEGE TO PRACTICE 9 A. To exercise the Privilege to Practice under the terms 10 and provisions of the Compact, the Licensee shall: 11 1. Hold a license in the Home State; 12 2. Have a valid United States social security number 13 or National Provider Identifier; 14 3. Be eligible for a Privilege to Practice in any 15 Member State in accordance with Section 4(D), (G) and (H); 16 4. Have not had any Encumbrance or restriction against 17 any license or Privilege to Practice within the previous 2 18 years; 19 5. Notify the Commission that the Licensee is seeking 20 the Privilege to Practice within a Remote State(s); 21 6. Pay any applicable fees, including any State fee, 22 for the Privilege to Practice; 23 7. Meet any Continuing Competence/Education 24 requirements established by the Home State; 25 8. Meet any Jurisprudence Requirements established by HB2834 - 10 - LRB103 26876 AWJ 53240 b HB2834- 11 -LRB103 26876 AWJ 53240 b HB2834 - 11 - LRB103 26876 AWJ 53240 b HB2834 - 11 - LRB103 26876 AWJ 53240 b 1 the Remote State(s) in which the Licensee is seeking a 2 Privilege to Practice; and 3 9. Report to the Commission any Adverse Action, 4 Encumbrance, or restriction on a license taken by any 5 non-Member State within 30 days from the date the action 6 is taken. 7 B. The Privilege to Practice is valid until the expiration 8 date of the Home State license. The Licensee must comply with 9 the requirements of Section 4(A) to maintain the Privilege to 10 Practice in the Remote State. 11 C. A Licensee providing Professional Counseling in a 12 Remote State under the Privilege to Practice shall adhere to 13 the laws and regulations of the Remote State. 14 D. A Licensee providing Professional Counseling services 15 in a Remote State is subject to that State's regulatory 16 authority. A Remote State may, in accordance with due process 17 and that State's laws, remove a Licensee's Privilege to 18 Practice in the Remote State for a specific period of time, 19 impose fines, or take any other necessary actions to protect 20 the health and safety of its citizens. The Licensee may be 21 ineligible for a Privilege to Practice in any Member State 22 until the specific time for removal has passed and all fines 23 are paid. 24 E. If a Home State license is encumbered, the Licensee 25 shall lose the Privilege to Practice in any Remote State until 26 the following occur: HB2834 - 11 - LRB103 26876 AWJ 53240 b HB2834- 12 -LRB103 26876 AWJ 53240 b HB2834 - 12 - LRB103 26876 AWJ 53240 b HB2834 - 12 - LRB103 26876 AWJ 53240 b 1 1. The Home State license is no longer encumbered; and 2 2. The licensee has not had any Encumbrance or 3 restriction against any license or Privilege to Practice 4 within the previous 2 years. 5 F. Once an Encumbered License in the Home State is 6 restored to good standing, the Licensee must meet the 7 requirements of Section 4(A) to obtain a Privilege to Practice 8 in any Remote State. 9 G. If a Licensee's Privilege to Practice in any Remote 10 State is removed, the individual may lose the Privilege to 11 Practice in all other Remote States until the following occur: 12 1. The specific period of time for which the Privilege 13 to Practice was removed has ended; 14 2. The licensee has paid all fines that have been 15 imposed; and 16 3. The licensee has not had any Encumbrance or 17 restriction against any license or Privilege to Practice 18 within the previous 2 years. 19 H. Once the requirements of Section 4(G) have been met, 20 the Licensee must meet the requirements in Section 4(A) to 21 obtain a Privilege to Practice in a Remote State. 22 SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A 23 PRIVILEGE TO PRACTICE 24 A. A Licensed Professional Counselor may hold a Home State 25 license, which allows for a Privilege to Practice in other HB2834 - 12 - LRB103 26876 AWJ 53240 b HB2834- 13 -LRB103 26876 AWJ 53240 b HB2834 - 13 - LRB103 26876 AWJ 53240 b HB2834 - 13 - LRB103 26876 AWJ 53240 b 1 Member States, in only one Member State at a time. 2 B. If a Licensed Professional Counselor changes primary 3 State of residence by moving between two Member States: 4 1. The Licensed Professional Counselor shall file an 5 application for obtaining a new Home State license based 6 on a Privilege to Practice, pay all applicable fees, and 7 notify the current and new Home State in accordance with 8 applicable Rules adopted by the Commission. 9 2. Upon receipt of an application for obtaining a new 10 Home State license by virtue of a Privilege to Practice, 11 the new Home State shall verify that the Licensed 12 Professional Counselor meets the pertinent criteria 13 outlined in Section 4 via the Data System without need for 14 primary source verification except for: 15 a. a Federal Bureau of Investigation 16 fingerprint-based criminal background check if not 17 previously performed or updated pursuant to applicable 18 rules adopted by the Commission in accordance with 19 Public Law 92-544; 20 b. other criminal background check as required by 21 the new Home State; and 22 c. completion of any requisite Jurisprudence 23 Requirements of the new Home State. 24 3. The former Home State shall convert the former Home 25 State license into a Privilege to Practice once the new 26 Home State has activated the new Home State license in HB2834 - 13 - LRB103 26876 AWJ 53240 b HB2834- 14 -LRB103 26876 AWJ 53240 b HB2834 - 14 - LRB103 26876 AWJ 53240 b HB2834 - 14 - LRB103 26876 AWJ 53240 b 1 accordance with applicable Rules adopted by the 2 Commission. 3 4. Notwithstanding any other provision of this 4 Compact, if the Licensed Professional Counselor cannot 5 meet the criteria in Section 4, the new Home State may 6 apply its requirements for issuing a new Single State 7 License. 8 5. The Licensed Professional Counselor shall pay all 9 applicable fees to the new Home State in order to be issued 10 a new Home State license. 11 C. If a Licensed Professional Counselor changes Primary 12 State of Residence by moving from a Member State to a 13 non-Member State, or from a non-Member State to a Member 14 State, the State criteria shall apply for issuance of a Single 15 State License in the new State. 16 D. Nothing in this Compact shall interfere with a 17 Licensee's ability to hold a Single State License in multiple 18 States. However, for the purposes of this Compact, a Licensee 19 shall have only one Home State license. 20 E. Nothing in this Compact shall affect the requirements 21 established by a Member State for the issuance of a Single 22 State License. 23 SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 24 Active Duty Military personnel, or their spouse, shall 25 designate a Home State where the individual has a current HB2834 - 14 - LRB103 26876 AWJ 53240 b HB2834- 15 -LRB103 26876 AWJ 53240 b HB2834 - 15 - LRB103 26876 AWJ 53240 b HB2834 - 15 - LRB103 26876 AWJ 53240 b 1 license in good standing. The individual may retain the Home 2 State designation during the period the service member is on 3 active duty. Subsequent to designating a Home State, the 4 individual shall only change their Home State through 5 application for licensure in the new State, or through the 6 process outlined in Section 5. 7 SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 8 A. Member States shall recognize the right of a Licensed 9 Professional Counselor, licensed by a Home State in accordance 10 with Section 3 and under Rules promulgated by the Commission, 11 to practice Professional Counseling in any Member State via 12 Telehealth under a Privilege to Practice as provided in the 13 Compact and Rules promulgated by the Commission. 14 B. A Licensee providing Professional Counseling services 15 in a Remote State under the Privilege to Practice shall adhere 16 to the laws and regulations of the Remote State. 17 SECTION 8. ADVERSE ACTIONS 18 A. In addition to the other powers conferred by State law, 19 a Remote State shall have the authority, in accordance with 20 existing State due process law, to: 21 1. Take Adverse Action against a Licensed Professional 22 Counselor's Privilege to Practice within that Member 23 State; and 24 2. Issue subpoenas for both hearings and HB2834 - 15 - LRB103 26876 AWJ 53240 b HB2834- 16 -LRB103 26876 AWJ 53240 b HB2834 - 16 - LRB103 26876 AWJ 53240 b HB2834 - 16 - LRB103 26876 AWJ 53240 b 1 investigations that require the attendance and testimony 2 of witnesses as well as the production of evidence. 3 Subpoenas issued by a Licensing Board in a Member State 4 for the attendance and testimony of witnesses or the 5 production of evidence from another Member State shall be 6 enforced in the latter State by any court of competent 7 jurisdiction, according to the practice and procedure of 8 that court applicable to subpoenas issued in proceedings 9 pending before it. The issuing authority shall pay any 10 witness fees, travel expenses, mileage, and other fees 11 required by the service statutes of the State in which the 12 witnesses or evidence are located. 13 Only the Home State shall have the power to take Adverse 14 Action against a Licensed Professional Counselor's license 15 issued by the Home State. 16 B. For purposes of taking Adverse Action, the Home State 17 shall give the same priority and effect to reported conduct 18 received from a Member State as it would if the conduct had 19 occurred within the Home State. In so doing, the Home State 20 shall apply its own State laws to determine appropriate 21 action. 22 C. The Home State shall complete any pending 23 investigations of a Licensed Professional Counselor who 24 changes primary State of residence during the course of the 25 investigations. The Home State shall also have the authority 26 to take appropriate action(s) and shall promptly report the HB2834 - 16 - LRB103 26876 AWJ 53240 b HB2834- 17 -LRB103 26876 AWJ 53240 b HB2834 - 17 - LRB103 26876 AWJ 53240 b HB2834 - 17 - LRB103 26876 AWJ 53240 b 1 conclusions of the investigations to the administrator of the 2 Data System. The administrator of the coordinated licensure 3 information system shall promptly notify the new Home State of 4 any Adverse Actions. 5 D. A Member State, if otherwise permitted by State law, 6 may recover from the affected Licensed Professional Counselor 7 the costs of investigations and dispositions of cases 8 resulting from any Adverse Action taken against that Licensed 9 Professional Counselor. 10 E. A Member State may take Adverse Action based on the 11 factual findings of the Remote State, provided that the Member 12 State follows its own procedures for taking the Adverse 13 Action. 14 F. Joint Investigations: 15 1. In addition to the authority granted to a Member 16 State by its respective Professional Counseling practice 17 act or other applicable State law, any Member State may 18 participate with other Member States in joint 19 investigations of Licensees. 20 2. Member States shall share any investigative, 21 litigation, or compliance materials in furtherance of any 22 joint or individual investigation initiated under the 23 Compact. 24 G. If Adverse Action is taken by the Home State against the 25 license of a Licensed Professional Counselor, the Licensed 26 Professional Counselor's Privilege to Practice in all other HB2834 - 17 - LRB103 26876 AWJ 53240 b HB2834- 18 -LRB103 26876 AWJ 53240 b HB2834 - 18 - LRB103 26876 AWJ 53240 b HB2834 - 18 - LRB103 26876 AWJ 53240 b 1 Member States shall be deactivated until all Encumbrances have 2 been removed from the State license. All Home State 3 disciplinary orders that impose Adverse Action against the 4 license of a Licensed Professional Counselor shall include a 5 Statement that the Licensed Professional Counselor's Privilege 6 to Practice is deactivated in all Member States during the 7 pendency of the order. 8 H. If a Member State takes Adverse Action, it shall 9 promptly notify the administrator of the Data System. The 10 administrator of the Data System shall promptly notify the 11 Home State of any Adverse Actions by Remote States. 12 I. Nothing in this Compact shall override a Member State's 13 decision that participation in an Alternative Program may be 14 used in lieu of Adverse Action. 15 SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 16 A. The Compact Member States hereby create and establish a 17 joint public agency known as the Counseling Compact 18 Commission: 19 1. The Commission is an instrumentality of the Compact 20 States. 21 2. Venue is proper and judicial proceedings by or 22 against the Commission shall be brought solely and 23 exclusively in a court of competent jurisdiction where the 24 principal office of the Commission is located. The 25 Commission may waive venue and jurisdictional defenses to HB2834 - 18 - LRB103 26876 AWJ 53240 b HB2834- 19 -LRB103 26876 AWJ 53240 b HB2834 - 19 - LRB103 26876 AWJ 53240 b HB2834 - 19 - LRB103 26876 AWJ 53240 b 1 the extent it adopts or consents to participate in 2 alternative dispute resolution proceedings. 3 3. Nothing in this Compact shall be construed to be a 4 waiver of sovereign immunity. 5 B. Membership, Voting, and Meetings 6 1. Each Member State shall have and be limited to one 7 delegate selected by that Member State's Licensing Board. 8 2. The delegate shall be either: 9 a. A current member of the Licensing Board at the 10 time of appointment, who is a Licensed Professional 11 Counselor or public member; or 12 b. An administrator of the Licensing Board. 13 3. Any delegate may be removed or suspended from 14 office as provided by the law of the State from which the 15 delegate is appointed. 16 4. The Member State Licensing Board shall fill any 17 vacancy occurring on the Commission within 60 days. 18 5. Each delegate shall be entitled to one vote with 19 regard to the promulgation of Rules and creation of bylaws 20 and shall otherwise have an opportunity to participate in 21 the business and affairs of the Commission. 22 6. A delegate shall vote in person or by such other 23 means as provided in the bylaws. The bylaws may provide 24 for delegates' participation in meetings by telephone or 25 other means of communication. 26 7. The Commission shall meet at least once during each HB2834 - 19 - LRB103 26876 AWJ 53240 b HB2834- 20 -LRB103 26876 AWJ 53240 b HB2834 - 20 - LRB103 26876 AWJ 53240 b HB2834 - 20 - LRB103 26876 AWJ 53240 b 1 calendar year. Additional meetings shall be held as set 2 forth in the bylaws. 3 8. The Commission shall by Rule establish a term of 4 office for delegates and may by Rule establish term 5 limits. 6 C. The Commission shall have the following powers and 7 duties: 8 1. Establish the fiscal year of the Commission; 9 2. Establish bylaws; 10 3. Maintain its financial records in accordance with 11 the bylaws; 12 4. Meet and take such actions as are consistent with 13 the provisions of this Compact and the bylaws; 14 5. Promulgate Rules which shall be binding to the 15 extent and in the manner provided for in the Compact; 16 6. Bring and prosecute legal proceedings or actions in 17 the name of the Commission, provided that the standing of 18 any State Licensing Board to sue or be sued under 19 applicable law shall not be affected; 20 7. Purchase and maintain insurance and bonds; 21 8. Borrow, accept, or contract for services of 22 personnel, including, but not limited to, employees of a 23 Member State; 24 9. Hire employees, elect or appoint officers, fix 25 compensation, define duties, grant such individuals 26 appropriate authority to carry out the purposes of the HB2834 - 20 - LRB103 26876 AWJ 53240 b HB2834- 21 -LRB103 26876 AWJ 53240 b HB2834 - 21 - LRB103 26876 AWJ 53240 b HB2834 - 21 - LRB103 26876 AWJ 53240 b 1 Compact, and establish the Commission's personnel policies 2 and programs relating to conflicts of interest, 3 qualifications of personnel, and other related personnel 4 matters; 5 10. Accept any and all appropriate donations and 6 grants of money, equipment, supplies, materials, and 7 services, and to receive, utilize, and dispose of the 8 same; provided that at all times the Commission shall 9 avoid any appearance of impropriety or conflict of 10 interest; 11 11. Lease, purchase, accept appropriate gifts or 12 donations of, or otherwise to own, hold, improve or use, 13 any property, real, personal or mixed; provided that at 14 all times the Commission shall avoid any appearance of 15 impropriety; 16 12. Sell, convey, mortgage, pledge, lease, exchange, 17 abandon, or otherwise dispose of any property real, 18 personal, or mixed; 19 13. Establish a budget and make expenditures; 20 14. Borrow money; 21 15. Appoint committees, including standing committees 22 composed of members, State regulators, State legislators 23 or their representatives, consumer representatives, and 24 such other interested persons as may be designated in this 25 Compact and the bylaws; 26 16. Provide and receive information from, and HB2834 - 21 - LRB103 26876 AWJ 53240 b HB2834- 22 -LRB103 26876 AWJ 53240 b HB2834 - 22 - LRB103 26876 AWJ 53240 b HB2834 - 22 - LRB103 26876 AWJ 53240 b 1 cooperate with, law enforcement agencies; 2 17. Establish and elect an Executive Committee; and 3 18. Perform such other functions as may be necessary 4 or appropriate to achieve the purposes of this Compact 5 consistent with the State regulation of Professional 6 Counseling licensure and practice. 7 D. The Executive Committee 8 1. The Executive Committee shall have the power to act 9 on behalf of the Commission according to the terms of this 10 Compact. 11 2. The Executive Committee shall be composed of up to 12 11 members: 13 a. Seven voting members who are elected by the 14 Commission from the current membership of the 15 Commission; and 16 b. Up to 4 ex officio, nonvoting members from 4 17 recognized national professional counselor 18 organizations. 19 c. The ex officio members will be selected by 20 their respective organizations. 21 3. The Commission may remove any member of the 22 Executive Committee as provided in bylaws. 23 4. The Executive Committee shall meet at least 24 annually. 25 5. The Executive Committee shall have the following 26 duties and responsibilities: HB2834 - 22 - LRB103 26876 AWJ 53240 b HB2834- 23 -LRB103 26876 AWJ 53240 b HB2834 - 23 - LRB103 26876 AWJ 53240 b HB2834 - 23 - LRB103 26876 AWJ 53240 b 1 a. Recommend to the entire Commission changes to 2 the Rules or bylaws, changes to this Compact 3 legislation, fees paid by Compact Member States such 4 as annual dues, and any Commission Compact fee charged 5 to Licensees for the Privilege to Practice; 6 b. Ensure Compact administration services are 7 appropriately provided, contractual or otherwise; 8 c. Prepare and recommend the budget; 9 d. Maintain financial records on behalf of the 10 Commission; 11 e. Monitor Compact compliance of Member States and 12 provide compliance reports to the Commission; 13 f. Establish additional committees as necessary; 14 and 15 g. Perform other duties as provided in Rules or 16 bylaws. 17 E. Meetings of the Commission 18 1. All meetings shall be open to the public, and 19 public notice of meetings shall be given in the same 20 manner as required under the Rulemaking provisions in 21 Section 11. 22 2. The Commission or the Executive Committee or other 23 committees of the Commission may convene in a closed, 24 nonpublic meeting if the Commission or Executive Committee 25 or other committees of the Commission must discuss: 26 a. Noncompliance of a Member State with its HB2834 - 23 - LRB103 26876 AWJ 53240 b HB2834- 24 -LRB103 26876 AWJ 53240 b HB2834 - 24 - LRB103 26876 AWJ 53240 b HB2834 - 24 - LRB103 26876 AWJ 53240 b 1 obligations under the Compact; 2 b. The employment, compensation, discipline or 3 other matters, practices or procedures related to 4 specific employees or other matters related to the 5 Commission's internal personnel practices and 6 procedures; 7 c. Current, threatened, or reasonably anticipated 8 litigation; 9 d. Negotiation of contracts for the purchase, 10 lease, or sale of goods, services, or real estate; 11 e. Accusing any person of a crime or formally 12 censuring any person; 13 f. Disclosure of trade secrets or commercial or 14 financial information that is privileged or 15 confidential; 16 g. Disclosure of information of a personal nature 17 where disclosure would constitute a clearly 18 unwarranted invasion of personal privacy; 19 h. Disclosure of investigative records compiled 20 for law enforcement purposes; 21 i. Disclosure of information related to any 22 investigative reports prepared by or on behalf of or 23 for use of the Commission or other committee charged 24 with responsibility of investigation or determination 25 of compliance issues pursuant to the Compact; or 26 j. Matters specifically exempted from disclosure HB2834 - 24 - LRB103 26876 AWJ 53240 b HB2834- 25 -LRB103 26876 AWJ 53240 b HB2834 - 25 - LRB103 26876 AWJ 53240 b HB2834 - 25 - LRB103 26876 AWJ 53240 b 1 by federal or Member State statute. 2 3. If a meeting, or portion of a meeting, is closed 3 pursuant to this provision, the Commission's legal counsel 4 or designee shall certify that the meeting may be closed 5 and shall reference each relevant exempting provision. 6 4. The Commission shall keep minutes that fully and 7 clearly describe all matters discussed in a meeting and 8 shall provide a full and accurate summary of actions 9 taken, and the reasons therefor, including a description 10 of the views expressed. All documents considered in 11 connection with an action shall be identified in such 12 minutes. All minutes and documents of a closed meeting 13 shall remain under seal, subject to release by a majority 14 vote of the Commission or order of a court of competent 15 jurisdiction. 16 F. Financing of the Commission 17 1. The Commission shall pay, or provide for the 18 payment of, the reasonable expenses of its establishment, 19 organization, and ongoing activities. 20 2. The Commission may accept any and all appropriate 21 revenue sources, donations, and grants of money, 22 equipment, supplies, materials, and services. 23 3. The Commission may levy on and collect an annual 24 assessment from each Member State or impose fees on other 25 parties to cover the cost of the operations and activities 26 of the Commission and its staff, which must be in a total HB2834 - 25 - LRB103 26876 AWJ 53240 b HB2834- 26 -LRB103 26876 AWJ 53240 b HB2834 - 26 - LRB103 26876 AWJ 53240 b HB2834 - 26 - LRB103 26876 AWJ 53240 b 1 amount sufficient to cover its annual budget as approved 2 each year for which revenue is not provided by other 3 sources. The aggregate annual assessment amount shall be 4 allocated based upon a formula to be determined by the 5 Commission, which shall promulgate a Rule binding upon all 6 Member States. 7 4. The Commission shall not incur obligations of any 8 kind prior to securing the funds adequate to meet the 9 same; nor shall the Commission pledge the credit of any of 10 the Member States, except by and with the authority of the 11 Member State. 12 5. The Commission shall keep accurate accounts of all 13 receipts and disbursements. The receipts and disbursements 14 of the Commission shall be subject to the audit and 15 accounting procedures established under its bylaws. 16 However, all receipts and disbursements of funds handled 17 by the Commission shall be audited yearly by a certified 18 or licensed public accountant, and the report of the audit 19 shall be included in and become part of the annual report 20 of the Commission. 21 G. Qualified Immunity, Defense, and Indemnification 22 1. The members, officers, executive director, 23 employees and representatives of the Commission shall be 24 immune from suit and liability, either personally or in 25 their official capacity, for any claim for damage to or 26 loss of property or personal injury or other civil HB2834 - 26 - LRB103 26876 AWJ 53240 b HB2834- 27 -LRB103 26876 AWJ 53240 b HB2834 - 27 - LRB103 26876 AWJ 53240 b HB2834 - 27 - LRB103 26876 AWJ 53240 b 1 liability caused by or arising out of any actual or 2 alleged act, error or omission that occurred, or that the 3 person against whom the claim is made had a reasonable 4 basis for believing occurred within the scope of 5 Commission employment, duties or responsibilities; 6 provided that nothing in this paragraph shall be construed 7 to protect any such person from suit or liability for any 8 damage, loss, injury, or liability caused by the 9 intentional, willful, or wanton misconduct of that person. 10 2. The Commission shall defend any member, officer, 11 executive director, employee or representative of the 12 Commission in any civil action seeking to impose liability 13 arising out of any actual or alleged act, error, or 14 omission that occurred within the scope of Commission 15 employment, duties, or responsibilities, or that the 16 person against whom the claim is made had a reasonable 17 basis for believing occurred within the scope of 18 Commission employment, duties, or responsibilities; 19 provided that nothing herein shall be construed to 20 prohibit that person from retaining his or her own 21 counsel; and provided further, that the actual or alleged 22 act, error, or omission did not result from that person's 23 intentional, willful, or wanton misconduct. 24 3. The Commission shall indemnify and hold harmless 25 any member, officer, executive director, employee, or 26 representative of the Commission for the amount of any HB2834 - 27 - LRB103 26876 AWJ 53240 b HB2834- 28 -LRB103 26876 AWJ 53240 b HB2834 - 28 - LRB103 26876 AWJ 53240 b HB2834 - 28 - LRB103 26876 AWJ 53240 b 1 settlement or judgment obtained against that person 2 arising out of any actual or alleged act, error, or 3 omission that occurred within the scope of Commission 4 employment, duties, or responsibilities, or that such 5 person had a reasonable basis for believing occurred 6 within the scope of Commission employment, duties, or 7 responsibilities, provided that the actual or alleged act, 8 error, or omission did not result from the intentional, 9 willful, or wanton misconduct of that person. 10 SECTION 10. DATA SYSTEM 11 A. The Commission shall provide for the development, 12 maintenance, operation, and utilization of a coordinated 13 database and reporting system containing licensure, Adverse 14 Action, and Investigative Information on all licensed 15 individuals in Member States. 16 B. Notwithstanding any other provision of State law to the 17 contrary, a Member State shall submit a uniform data set to the 18 Data System on all individuals to whom this Compact is 19 applicable, as required by the Rules of the Commission, 20 including: 21 1. Identifying information; 22 2. Licensure data; 23 3. Adverse Actions against a license or Privilege to 24 Practice; 25 4. Non-confidential information related to Alternative HB2834 - 28 - LRB103 26876 AWJ 53240 b HB2834- 29 -LRB103 26876 AWJ 53240 b HB2834 - 29 - LRB103 26876 AWJ 53240 b HB2834 - 29 - LRB103 26876 AWJ 53240 b 1 Program participation; 2 5. Any denial of application for licensure, and the 3 reason(s) for such denial; 4 6. Current Significant Investigative Information; and 5 7. Other information that may facilitate the 6 administration of this Compact, as determined by the Rules 7 of the Commission. 8 C. Investigative Information pertaining to a Licensee in 9 any Member State will only be available to other Member 10 States. 11 D. The Commission shall promptly notify all Member States 12 of any Adverse Action taken against a Licensee or an 13 individual applying for a license. Adverse Action information 14 pertaining to a Licensee in any Member State will be available 15 to any other Member State. 16 E. Member States contributing information to the Data 17 System may designate information that may not be shared with 18 the public without the express permission of the contributing 19 State. 20 F. Any information submitted to the Data System that is 21 subsequently required to be expunged by the laws of the Member 22 State contributing the information shall be removed from the 23 Data System. 24 SECTION 11. RULEMAKING 25 A. The Commission shall promulgate reasonable Rules in HB2834 - 29 - LRB103 26876 AWJ 53240 b HB2834- 30 -LRB103 26876 AWJ 53240 b HB2834 - 30 - LRB103 26876 AWJ 53240 b HB2834 - 30 - LRB103 26876 AWJ 53240 b 1 order to effectively and efficiently achieve the purpose of 2 the Compact. Notwithstanding the foregoing, in the event the 3 Commission exercises its Rulemaking authority in a manner that 4 is beyond the scope of the purposes of the Compact, or the 5 powers granted hereunder, then such an action by the 6 Commission shall be invalid and have no force or effect. 7 B. The Commission shall exercise its Rulemaking powers 8 pursuant to the criteria set forth in this Section and the 9 Rules adopted thereunder. Rules and amendments shall become 10 binding as of the date specified in each Rule or amendment. 11 C. If a majority of the legislatures of the Member States 12 rejects a Rule, by enactment of a statute or resolution in the 13 same manner used to adopt the Compact within 4 years of the 14 date of adoption of the Rule, then such Rule shall have no 15 further force and effect in any Member State. 16 D. Rules or amendments to the Rules shall be adopted at a 17 regular or special meeting of the Commission. 18 E. Prior to promulgation and adoption of a final Rule or 19 Rules by the Commission, and at least 30 days in advance of the 20 meeting at which the Rule will be considered and voted upon, 21 the Commission shall file a Notice of Proposed Rulemaking: 22 1. On the website of the Commission or other publicly 23 accessible platform; and 24 2. On the website of each Member State Professional 25 Counseling Licensing Board or other publicly accessible 26 platform or the publication in which each State would HB2834 - 30 - LRB103 26876 AWJ 53240 b HB2834- 31 -LRB103 26876 AWJ 53240 b HB2834 - 31 - LRB103 26876 AWJ 53240 b HB2834 - 31 - LRB103 26876 AWJ 53240 b 1 otherwise publish proposed Rules. 2 F. The Notice of Proposed Rulemaking shall include: 3 1. The proposed time, date, and location of the 4 meeting in which the Rule will be considered and voted 5 upon; 6 2. The text of the proposed Rule or amendment and the 7 reason for the proposed Rule; 8 3. A request for comments on the proposed Rule from 9 any interested person; and 10 4. The manner in which interested persons may submit 11 notice to the Commission of their intention to attend the 12 public hearing and any written comments. 13 G. Prior to adoption of a proposed Rule, the Commission 14 shall allow persons to submit written data, facts, opinions, 15 and arguments, which shall be made available to the public. 16 H. The Commission shall grant an opportunity for a public 17 hearing before it adopts a Rule or amendment if a hearing is 18 requested by: 19 1. At least 25 persons; 20 2. A State or federal governmental subdivision or 21 agency; or 22 3. An association having at least 25 members. 23 I. If a hearing is held on the proposed Rule or amendment, 24 the Commission shall publish the place, time, and date of the 25 scheduled public hearing. If the hearing is held via 26 electronic means, the Commission shall publish the mechanism HB2834 - 31 - LRB103 26876 AWJ 53240 b HB2834- 32 -LRB103 26876 AWJ 53240 b HB2834 - 32 - LRB103 26876 AWJ 53240 b HB2834 - 32 - LRB103 26876 AWJ 53240 b 1 for access to the electronic hearing. 2 1. All persons wishing to be heard at the hearing 3 shall notify the executive director of the Commission or 4 other designated member in writing of their desire to 5 appear and testify at the hearing not less than 5 business 6 days before the scheduled date of the hearing. 7 2. Hearings shall be conducted in a manner providing 8 each person who wishes to comment a fair and reasonable 9 opportunity to comment orally or in writing. 10 3. All hearings will be recorded. A copy of the 11 recording will be made available on request. 12 4. Nothing in this section shall be construed as 13 requiring a separate hearing on each Rule. Rules may be 14 grouped for the convenience of the Commission at hearings 15 required by this section. 16 J. Following the scheduled hearing date, or by the close 17 of business on the scheduled hearing date if the hearing was 18 not held, the Commission shall consider all written and oral 19 comments received. 20 K. If no written notice of intent to attend the public 21 hearing by interested parties is received, the Commission may 22 proceed with promulgation of the proposed Rule without a 23 public hearing. 24 L. The Commission shall, by majority vote of all members, 25 take final action on the proposed Rule and shall determine the 26 effective date of the Rule, if any, based on the Rulemaking HB2834 - 32 - LRB103 26876 AWJ 53240 b HB2834- 33 -LRB103 26876 AWJ 53240 b HB2834 - 33 - LRB103 26876 AWJ 53240 b HB2834 - 33 - LRB103 26876 AWJ 53240 b 1 record and the full text of the Rule. 2 M. Upon determination that an emergency exists, the 3 Commission may consider and adopt an emergency Rule without 4 prior notice, opportunity for comment, or hearing, provided 5 that the usual Rulemaking procedures provided in the Compact 6 and in this section shall be retroactively applied to the Rule 7 as soon as reasonably possible, in no event later than 90 days 8 after the effective date of the Rule. For the purposes of this 9 provision, an emergency Rule is one that must be adopted 10 immediately in order to: 11 1. Meet an imminent threat to public health, safety, 12 or welfare; 13 2. Prevent a loss of Commission or Member State funds; 14 3. Meet a deadline for the promulgation of an 15 administrative Rule that is established by federal law or 16 Rule; or 17 4. Protect public health and safety. 18 N. The Commission or an authorized committee of the 19 Commission may direct revisions to a previously adopted Rule 20 or amendment for purposes of correcting typographical errors, 21 errors in format, errors in consistency, or grammatical 22 errors. Public notice of any revision shall be posted on the 23 website of the Commission. The revision shall be subject to 24 challenge by any person for a period of 30 days after posting. 25 The revision may be challenged only on grounds that the 26 revision results in a material change to a Rule. A challenge HB2834 - 33 - LRB103 26876 AWJ 53240 b HB2834- 34 -LRB103 26876 AWJ 53240 b HB2834 - 34 - LRB103 26876 AWJ 53240 b HB2834 - 34 - LRB103 26876 AWJ 53240 b 1 shall be made in writing and delivered to the chair of the 2 Commission prior to the end of the notice period. If no 3 challenge is made, the revision will take effect without 4 further action. If the revision is challenged, the revision 5 may not take effect without the approval of the Commission. 6 SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 7 A. Oversight 8 1. The executive, legislative, and judicial branches 9 of State government in each Member State shall enforce 10 this Compact and take all actions necessary and 11 appropriate to effectuate the Compact's purposes and 12 intent. The provisions of this Compact and the Rules 13 promulgated hereunder shall have standing as statutory 14 law. 15 2. All courts shall take judicial notice of the 16 Compact and the Rules in any judicial or administrative 17 proceeding in a Member State pertaining to the subject 18 matter of this Compact which may affect the powers, 19 responsibilities, or actions of the Commission. 20 3. The Commission shall be entitled to receive service 21 of process in any such proceeding and shall have standing 22 to intervene in such a proceeding for all purposes. 23 Failure to provide service of process to the Commission 24 shall render a judgment or order void as to the 25 Commission, this Compact, or promulgated Rules. HB2834 - 34 - LRB103 26876 AWJ 53240 b HB2834- 35 -LRB103 26876 AWJ 53240 b HB2834 - 35 - LRB103 26876 AWJ 53240 b HB2834 - 35 - LRB103 26876 AWJ 53240 b 1 B. Default, Technical Assistance, and Termination 2 1. If the Commission determines that a Member State 3 has defaulted in the performance of its obligations or 4 responsibilities under this Compact or the promulgated 5 Rules, the Commission shall: 6 a. Provide written notice to the defaulting State 7 and other Member States of the nature of the default, 8 the proposed means of curing the default or any other 9 action to be taken by the Commission; and 10 b. Provide remedial training and specific 11 technical assistance regarding the default. 12 C. If a Member State in default fails to cure the default, 13 the defaulting Member State may be terminated from the Compact 14 upon an affirmative vote of a majority of the Member States, 15 and all rights, privileges and benefits conferred by this 16 Compact may be terminated on the effective date of 17 termination. A cure of the default does not relieve the 18 offending Member State of obligations or liabilities incurred 19 during the period of default. 20 D. Termination of membership in the Compact shall be 21 imposed only after all other means of securing compliance have 22 been exhausted. Notice of intent to suspend or terminate shall 23 be given by the Commission to the governor, the majority and 24 minority leaders of the defaulting State's legislature, and 25 each of the Member States. 26 E. A Member State that has been terminated is responsible HB2834 - 35 - LRB103 26876 AWJ 53240 b HB2834- 36 -LRB103 26876 AWJ 53240 b HB2834 - 36 - LRB103 26876 AWJ 53240 b HB2834 - 36 - LRB103 26876 AWJ 53240 b 1 for all assessments, obligations, and liabilities incurred 2 through the effective date of termination, including 3 obligations that extend beyond the effective date of 4 termination. 5 F. The Commission shall not bear any costs related to a 6 Member State that is found to be in default or that has been 7 terminated from the Compact, unless agreed upon in writing 8 between the Commission and the defaulting Member State. 9 G. The defaulting Member State may appeal the action of 10 the Commission by petitioning the U.S. District Court for the 11 District of Columbia or the federal district where the 12 Commission has its principal offices. The prevailing Member 13 State shall be awarded all costs of such litigation, including 14 reasonable attorney's fees. 15 H. Dispute Resolution 16 1. Upon request by a Member State, the Commission 17 shall attempt to resolve disputes related to the Compact 18 that arise among Member States and between Member and 19 non-Member States. 20 2. The Commission shall promulgate a Rule providing 21 for both mediation and binding dispute resolution for 22 disputes as appropriate. 23 I. Enforcement 24 1. The Commission, in the reasonable exercise of its 25 discretion, shall enforce the provisions and Rules of this 26 Compact. HB2834 - 36 - LRB103 26876 AWJ 53240 b HB2834- 37 -LRB103 26876 AWJ 53240 b HB2834 - 37 - LRB103 26876 AWJ 53240 b HB2834 - 37 - LRB103 26876 AWJ 53240 b 1 2. By majority vote, the Commission may initiate legal 2 action in the United States District Court for the 3 District of Columbia or the federal district where the 4 Commission has its principal offices against a Member 5 State in default to enforce compliance with the provisions 6 of the Compact and its promulgated Rules and bylaws. The 7 relief sought may include both injunctive relief and 8 damages. In the event judicial enforcement is necessary, 9 the prevailing member shall be awarded all costs of such 10 litigation, including reasonable attorney's fees. 11 3. The remedies herein shall not be the exclusive 12 remedies of the Commission. The Commission may pursue any 13 other remedies available under federal or State law. 14 SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING 15 COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND 16 AMENDMENT 17 A. The Compact shall come into effect on the date on which 18 the Compact statute is enacted into law in the tenth Member 19 State. The provisions, which become effective at that time, 20 shall be limited to the powers granted to the Commission 21 relating to assembly and the promulgation of Rules. 22 Thereafter, the Commission shall meet and exercise Rulemaking 23 powers necessary to the implementation and administration of 24 the Compact. 25 B. Any State that joins the Compact subsequent to the HB2834 - 37 - LRB103 26876 AWJ 53240 b HB2834- 38 -LRB103 26876 AWJ 53240 b HB2834 - 38 - LRB103 26876 AWJ 53240 b HB2834 - 38 - LRB103 26876 AWJ 53240 b 1 Commission's initial adoption of the Rules shall be subject to 2 the Rules as they exist on the date on which the Compact 3 becomes law in that State. Any Rule that has been previously 4 adopted by the Commission shall have the full force and effect 5 of law on the day the Compact becomes law in that State. 6 C. Any Member State may withdraw from this Compact by 7 enacting a statute repealing the same. 8 1. A Member State's withdrawal shall not take effect 9 until 6 months after enactment of the repealing statute. 10 2. Withdrawal shall not affect the continuing 11 requirement of the withdrawing State's Professional 12 Counseling Licensing Board to comply with the 13 investigative and Adverse Action reporting requirements of 14 this Compact prior to the effective date of withdrawal. 15 D. Nothing contained in this Compact shall be construed to 16 invalidate or prevent any Professional Counseling licensure 17 agreement or other cooperative arrangement between a Member 18 State and a non-Member State that does not conflict with the 19 provisions of this Compact. 20 E. This Compact may be amended by the Member States. No 21 amendment to this Compact shall become effective and binding 22 upon any Member State until it is enacted into the laws of all 23 Member States. 24 SECTION 14. CONSTRUCTION AND SEVERABILITY 25 This Compact shall be liberally construed so as to HB2834 - 38 - LRB103 26876 AWJ 53240 b HB2834- 39 -LRB103 26876 AWJ 53240 b HB2834 - 39 - LRB103 26876 AWJ 53240 b HB2834 - 39 - LRB103 26876 AWJ 53240 b 1 effectuate the purposes thereof. The provisions of this 2 Compact shall be severable and if any phrase, clause, sentence 3 or provision of this Compact is declared to be contrary to the 4 constitution of any Member State or of the United States or the 5 applicability thereof to any government, agency, person or 6 circumstance is held invalid, the validity of the remainder of 7 this Compact and the applicability thereof to any government, 8 agency, person or circumstance shall not be affected thereby. 9 If this Compact shall be held contrary to the constitution of 10 any Member State, the Compact shall remain in full force and 11 effect as to the remaining Member States and in full force and 12 effect as to the Member State affected as to all severable 13 matters. 14 SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS 15 A. A Licensee providing Professional Counseling services 16 in a Remote State under the Privilege to Practice shall adhere 17 to the laws and regulations, including scope of practice, of 18 the Remote State. 19 B. Nothing herein prevents the enforcement of any other 20 law of a Member State that is not inconsistent with the 21 Compact. 22 C. Any laws in a Member State in conflict with the Compact 23 are superseded to the extent of the conflict. 24 D. Any lawful actions of the Commission, including all 25 Rules and bylaws properly promulgated by the Commission, are HB2834 - 39 - LRB103 26876 AWJ 53240 b HB2834- 40 -LRB103 26876 AWJ 53240 b HB2834 - 40 - LRB103 26876 AWJ 53240 b HB2834 - 40 - LRB103 26876 AWJ 53240 b 1 binding upon the Member States. 2 E. All permissible agreements between the Commission and 3 the Member States are binding in accordance with their terms. 4 F. In the event any provision of the Compact exceeds the 5 constitutional limits imposed on the legislature of any Member 6 State, the provision shall be ineffective to the extent of the 7 conflict with the constitutional provision in question in that 8 Member State. 9 Section 90. The Professional Counselor and Clinical 10 Professional Counselor Licensing and Practice Act is amended 11 by adding Section 12 as follows: 12 (225 ILCS 107/12 new) 13 Sec. 12. Counseling Compact. 14 (a) No later than 2 months after this Section's effective 15 date under this amendatory Act of the 103rd General Assembly, 16 the Board must submit a report to the General Assembly with 17 recommendations of any statutory changes and budgetary changes 18 needed to comply with the requirements of the Counseling 19 Compact that will be entered into pursuant to the Counseling 20 Compact Act. 21 (b) No later than 6 months after this Section's effective 22 date under this amendatory Act of the 103rd General Assembly, 23 the Board and the Department shall modify, if needed, the 24 Board's and the Department's rules to comply with the HB2834 - 40 - LRB103 26876 AWJ 53240 b HB2834- 41 -LRB103 26876 AWJ 53240 b HB2834 - 41 - LRB103 26876 AWJ 53240 b HB2834 - 41 - LRB103 26876 AWJ 53240 b 1 requirements of the Counseling Compact that will be entered 2 into pursuant to the Counseling Compact Act. 3 Section 99. Effective date. This Section and Section 90 4 take effect upon becoming law. HB2834 - 41 - LRB103 26876 AWJ 53240 b